B 21 
M58 
921 
opy 1 



1921 



STATE OF MICHIGAN 



LAWS RELATING TO 



ORCHARDS AID IlIEYARBS 



COMPILED IN 

DEPARTMENT OF AGRICULTURE 




BY AUTHORITY 



LANSING, MICHIGAiN 
WTNKOOP HALLBNBEX3K CRAWPOK© CO., STATE PRINTBES 

1921 



1921 



STATE OF MICHIGAN. l^^^JUU.^^ 



LAWS RELATING TO 



ORCHARDS AID IIMYARDS 



COMPILED IN 

DEPARTMENT OF AGRICULTURE 







BY AUTHORITY 



LAMSING, JIIOIIIGAN 
WYNKOOP IIALLEXBECK CRAWFORD CO., STATE PRINTERS 

1921 



LIBRARY OF CONGRESS 



DOCUMEMTS : V SI -m 



.Al52 



LAWS RELATING TO ORCHARDS AND VINEYARDS. 

AN ACT to authorize and regulate a coimty agricultural de- 
partmeut. (Act 67, P. A. 1913.) 

§ 7854. Sectiou 1. The People of the Stat>e of MicJi- Appropria- 
igan enact: The boards of supervisors of the several ^^°°^' 
counties of this state are hereby authorized to appro- 
priate from funds of their respective counties, or to assess 
and cause to be spread upon the taxable property of their 
respective counties, a sufiflcieut sum of money to carry out 
the purposes of this act : Provided, however, That there shall ?royiso, 
not be so appropriated, raised or assessed in any county in 
any one year more than fifty cents on each one thousand dol- 
lars or major portion thereof of the assessed valuation of 
the real and personal property of such countj^, but in no case 
to exceed two thousand dollars, in addition to the salary 
mentioned in this act. 

§ 7855. Sec. 2. Each of said boards of supervisors so Farm com- 
making such appropriation jpr assessnjent, shall also elect term°saiary. 
one qualified person for each" county, respectively, to be 
known as farm commissioner, who shall hold his oflSce for 
two years and shall receive such annual salary as said board 
of supervisors shall determine, not exceeding two thousand 
dollars. 

§ 7856. Sec. 3. The fund so appropriated shall be Farm deveiop- 
known as the farm development fund, and the same may be ™^^ "^ ' 
used to enable said commissioner to defray his actual ex- 
penses, aside from salary, aiid carry out the purposes of this 
act. 

§ 7857. Sec. 4. The salary of such commissioner shall salary, how 
be paid out of the general fund of such county, and as other '^^^ ' 
count}^ salaries are paid. 

§ 7858. Sec. 5. Such commissioner shall be a person not QuaUfications. 
less than twenty-live years of age, an experienced practical 
man who, in the opinion of said board, is versed in all mat- 
ters pertaining to farming pursuits, the groAving of agricul- 
tural products and fruits suitable in such county, and one 
who is versed in the knowledge of soil fertility, rotation of 
crops, fertilizers and fertilizing, and possessing a knowledge 
of the kind of crops best adapted to the various soils and 
conditions of such county. 

§ 7859. Sec. 6. Sucli commissioner shall, before enter- Oath of office, 
ing upon the duties of his office, execute the constitutional 
oath of office and file same with the county clerk of such 
county; and shall also before entering upon such duties exe- 
cute and enter into a bond in a sum to be fixed by said board 



STATE OF MICHIGAN. 



Fund, how 
raised, etc. 



Expenditures , 
account of, 
etc. 



Duties of 
commissioner 



of supervisors, uot less thau one thousand dollars nor to ex- 
ceed double the sum appropriated in the then current year, 
said bond to be signed by at least two sureties and approved 
by the county treasurer of the county, conditioned for the 
faithful performance of his duties and the accountinj^ of all 
funds and moneys, material and api)aratus coming into his 
hands; which bond shall run to the board of supervisors of 
such county and shall be filed in the office of the county 
clerk thereof, and action may be brought thereon for viola- 
tions of its conditions and i)rovisions, the same as on other 
county officers' bonds running to said board. 

§ 7SG0. Sec. 7. The fund created by this act shall be 
raised and collected as are other taxes for county expenses, 
and paid over to the county treasurer, and by him kept sepa- 
rate from all other funds, and to be paid out only on the 
order of said farm commissioner or transferred to the general 
fund of such county as hereinafter specilied. 

§ 78G1. Sec. 8. Such commissioner shall keep an ac- 
curate account of all of the expenditures by him made from 
such fund and of the orders drawn thereon, and he shall make 
annual report of all such expenditures and orders drawn, 
and of his doings and actions in full to the board of super- 
visors of such county at each annual October meeting thereof. 

§ 78G2. Sec. 9. The duties of such commissioner in gen- 
eral shall be as follows: 

a. To be of every material benefit and assistance to the 
farming and fruit interests of his county; 

b. To render advice and instruction to the people of the 
county who riced help most, to make for successful cultiva- 
tion and cropping of the soil for all products grown there- 
from ; 

c. To contract with farmers and fruit growers through- 
out the county for demonstration and experimental purposes 
for acreage of ground and orchards or small fruits, to the 
end that each farmer or fruit grower so contracted with will 
fertilize, fit for crops, plant and sow to crops and care for 
and harvest the same in accordance with the instruction and 
direction of such commissioner, but without comi)ensation ; 
such farmer to have the crop grown thereon and to keep such 
records and data concerning the same, as to the kind of seed 
and fertilizer used, cultivation, rain fall on same, harvest, 
care and yield of crop and other information as such com- 
missioner shall require; 

d. Such commissioner to so manage and keep records of 
each tract that each maj'^ be such a demonstration and experi- 
ment station in itself as to teiid to bettering future condi- 
tions ; 

e. To instruct as far as jtossible the inhabitants as to im- 
portant farm questions relating to soil fertility, crop rota- 
tion, fertilizers (crop and commercial), kinds of crops best 
adai»ted to various soils, and in every way to raise and im- 
prove the standard of farming and frnit growing; 



LAWS RELATING TO ORCHARDS AND VINEYARDS. S 

f. To work in coujuDctiou with the Michigan agricultural 
college (Commissioner of Agriculture) or any governmental 
or state aid that may be secured by federal or state appro- 
priations for similar purposes; 

g. To stimulate interest for more scientific farming and 
fruit growing, and in every reasonable and practical way 
raise the standard of farming and fruit growing in such 
county : 

§ 7863. Sec. 10. Said commissioner shall keep an office ofRce. 
in such county, and there keep on file and for public examina- 
tion in systematic form, records, data and results of the 
various experiments and demonstrations in such a way as 
to be of the greatest benefit to the public, and to turn over 
to his successor in office all the records, files and documents, 
fixtures, apparatus and material of his said office which shall 
belong to the county. 

§ 7864. Sec. 11. Such commissioner may enter into con- May contract 
tracts with farmers and fruit growers in his name of office, etc.^ ^'^"^^"' 
and sue them for violations thereof in his name of office, and 
may employ such assistants as he deems necessary to carry 
on the work outlined by this act to the best advantage : Pro- Proviso. 
vided, Itoicevcr, That said commissioner shall devote substan- 
tially his whole time to said work, and shall not expend por- 
tions of such development fund for other assistants, except 
when the same are necessary to carry out the purposes of 
this act to the best advantage and benefit of the people. 

§ 7865. Sec. 12. Such commissioner is authorized to Office fixtures 
purchase such reasonable office fixtures and supplies and purchase! 
record books as are necessary to carry out the provisions of 
this act, and is authorized to purchase such reasonable sup- 
ply of apparatus and chemicals and material as is necessary 
for him to test soils, fertilizers, spraying materials and seeds, 
and carry on experiments; but he shall make no charge for 
such testing nor for any other services performed under this 
act, and he shall receive no other or further compensation 
or fees than such as are prescribed by this act ; Provided, Proviso. 
however, That if such commissioner can procure adequate 
tests of above materials, soils, etc., at the agricultural college 
of the state, it shall be the intent of this act that he shall 
so do, and only purchase material for or hire such tests made 
as are necessary for adequate and efficient service in the work 
of his said office. 

§ 7866. Sec. 13. The board of supervisors of each fj^^jP^^^ij.^^^^,^ 
county having appropriated or raised funds under this act unue office.' 
may discontinue the office, and discontinue the raising of 
further funds thereunder by a resolution of sucli board 
adopted by a majority of the members thereof : Provided, Proviso. 
hoivever, That such action shall not terminate the office or 
salary of any commissioner elected thereuntler until the ex- 
piration of his term of office as provided herein : Provided, Further 
further. That the said office shall not be terminated except by ?eTerendum. 



STATE OF MICHIGAN. 



Funds, where 
applicable. 



Proviso. 



Further 
proviso. 



Referendum. 



a referendum vote the same as is provided in section fifteen 
for its adoption. 

§ 7807. Sec. 14. No funds appropriated or raised under 
this act shall be used for contribution to agricultural so- 
cieties or any other ]»urpose than that prescribed in this act : 
Provided, hoicevcr, That if such office and work should be dis- 
continued by resolution of the board of supervisors, then in 
that case all moneys remaining in such develoi)ment fund 
shall thereupon be by such county treasurer transferred to 
the general fund of such county: And provided further. That 
funds raised under the act may, by resolution of the board 
of supervisors or b}^ order of said farm commissioner, be ap- 
propriated or used to comph^ with and in cooperation with 
any state or governmental requirements for agricultural de- 
velopment, demonstration or experimental work in each 
county respectively. 

§ 78G8. Sec. 15. The provisions of this act shall not ap- 
ply in any county of this state until the question of adopting 
the same sliall have been submitted to the qualified electors 
thereof. Such question may be submitted either by resolu- 
tion of the board of supervisors or upon petition, signed by 
not less than five per cent of the qualified electors resident 
in such county, addressed to said board. Upon receipt of 
such i)etition it shall be the duty of the board of supervisors 
to submit the question at the first general election held after 
the meeting of the board at which the petition is presented, 
or at a special election called for that purpose. Ballots for 
the submission of such question shall be prepared and dis- 
tributed by the same officers as are reipiired by law to pre- 
pare and distribute ballots for county elections, and the can- 
vass and return of the vote thereon shall be the same as is. 
provided by law for the canvass and return of the vote ui)on 
county officers. If upon the canvass of the votes upon 
such question it shall appear that a majority of the electors 
voting thereon, are in favor of the adoption of the ])rovisions 
of this act in their respective counties, then this act shall be 
in full force and effect in such county and not otherwise. 



Ballots. 



[See Act 13, P. A. 1921, page 5.] 



AN ACT to prevent the importalion from other states and 
tlie s|)read within this state, of dangerous insects and dan- 
gerously contagious diseases ati'ecting trees, shrubs, vines, 
plants and fruits, and to rei)eal all acts or part (parts) of 
acts that contravene the provisions of this act. 

. (Act No. 91 r. A. 1905.) 



infprted trees, § 7411. Section 1. Tlic ]*coi)le of the State of Mi(hi(((tii 

unlawful to j. Tt i ii i i /• i i' /• 

iceep. enact: Jt shall be unhiwful lor any i)erson or jjersons, lirm 



LAWS RELATING TO ORCHARDS AND VINEYARDS. 7 

or corporation, knowingly, to keep upon their premises, or 
upon premises under their control or charge, any trees or 
fruit infected with the diseases known as peach yellows, ros- 
ette, or little peach, or any part of the tree infected with the 
diseases known as black knot, or pear blight, or any tree, 
shrub, plant, vine or fruit infected with any other danger- 
ously contagious disease, or infected with the San Jose scale, 
canker-worm, or any other dangerously noxious insect pest. 
It shall be unlawful for any person or persons, firm or cor- unlawful to 
poration knowingly, to sell or offer for sale or give away, ■'*^'^" 
any tree, shrub, plant, vine or fruit infected or infested with 
any dangerously infectious disease or noxious insect. For Terms 
the purposes of this act, the following terms shall be con- 
strued respectively to mean : 

(a) iNursery stock. — Trees, shrubs, vines, fruit plants and 
hardy herbaceous perennials; also cuttings, grafts, scions 
and buds for purposes of propagation; 

(b) Nursery.— A place where nursery stock is grown for 
sale. 

(c) Nurseryman. — The owner or manager of a nursery, 
who issues a catalogue, advertises, or in other ways makes 
a business of selling nursery stock; 

(d) Dealer in nursery stock. — A person who does not 
grow, but who buys and sells nursery stock; 

(e) Nursery agent. — The representative of a nurseryman 
or dealer in nursery stock; 

(f) Persons. — ^Individuals, associations, partnerships and 
corporations; 

(g) Words used in this act shall be construed to import • 
either the plural or singular, as the case demands. 

[Am. by Act 241, P. A., 1921.] 

§ 7412. Sec. 2. The State Board of Ag^riculture (Depart- f |tejn-^ 
ment of Agriculture) shall, upon the passage of this act, ap- orchard", who 
point some competent person to be known as state inspector '° appoint. 
of orchards and nurseries, who' shall hold office for two years, 
and whose duties shall be as hereinafter prescribed. He Deputies. 
shall have power to appoint such number of deputy inspec- 
tors as may be necessary, subject to the approval of the State 
Board of Agriculture (Department of Agriculture.) Said 
deputy inspectors shall act under the orders of, and shall 
perform such duties as may be directed by the state inspec- 
tor of orchards and nurseries. The salary, or per diem, of salary or 
the state and deputy inspectors shall be fixed by the State ^^^^ ^ ^'^• 
Board of Agriculture (Department of Agriculture.) 

§ 7413. Section 8. Any person or persons, firm or corpora- inspection of 
tion, growing or offering for sale, in this State, any trees, ®*°^^" 
shrubs, vines, fruit plants, hardy herbaceous perennials, also 
cuttings, grafts, scions and buds for purposes of propagation, 
commonly known as nursery stock, shall, on or before the 
first day\)f August in each year, apply to the Michigan State 
Board of Agriculture (Department of Agriculture) for the in- 



STATE OF MICHIGAN. 



License fee. 



spection of said stock under the provisions of tliis act, and for 
a license for its sale. A license fee of live dollars shall be paid, 
and a bond for one thousand dollars, with sureties satisfac- 
tory to said board (Commissioner of Agriculture) and condi- 
tioned upon the compliance with the requirements of this 
act, shall be tiled. 5s"o nursery stock ^hall be shipped or 
delivered until it has been examined by the State Inspector 
of Orchards and Nurseries (Commissioner of Agriculture) 
of a deputy inspector, and has received a certificate as here- 
inafter provided. All growers or dealers in nurseiy stock, 
shall, ui)on demand, file witli the State Board of Agriculture 
(Commissioner of Agriculture) a list of the i>ersons to whom 
they have sold or delivered any nurserj'^ stock, giving the 
species, which list shall be for the sole use of the State In- 
spector of Orchards and Nurseries (Commissioner of Agri- 
culture) and his deputies: Provided, That the provisions of 
this section shall not apply to persons engaged in fruit grow- 
ing, who are not nurserymen, but desire to sell or exchange 
surplus small fruit plants of their own growing: Providing 
further, That the provisions of this section shall not apply 
to farmers or other persons who may sell shade trees from 
their own wood lots. 



List of pur- 
chasers, to 
whom 
furnished. 



Proviso. 



[Am. by Act 241, P. A., 1921.] 



Dealers must 
secure license 
and certificate. 



When license 
to be issued. 



State Inspect- 
or, duty of. 



When certifi- 
cate of in.spec- 
tlon given. 



§ 7414. Sec. 4. No person or persons, firm or corpora- 
tion, residents of another state, territory, province or coun- 
try, shall engage or continue in the business of selling, or 
taking orders within this state for the sale of any trees, 
plants, shrubs or vines, commonly known as nurserj'^ stock, 
without first obtaining from the State Board of Agriculture 
(Department of Agriculture) a license as provided for in sec- 
tion three of this act, and filing a certificate of inspection 
from a state or government officer, or some person designated 
by the Michigan State Board of Agriculture (Department of 
Agriculture.) 

§ 7415. Sec. 5. The State Board of Agriculture, (De- 
partment of Agriculture) shall, upon the receipt of the re- 
quired fee and a satisfactory bond and certificate of inspec- 
tion, issue a license to each applicant, whether a resident of 
this state, or of another state, province, or country, permit- 
ting the sale of nursery stock by the liolder, or by his ac- 
credited agents, for the period ending the thirty-first of July 
following the date upon which said license goes into elfect. 

§ 741G. Sec. (). It shall be the duty of the State Inspec- 
tor of Orchards and Nurseries (Commissioner of Agricul- 
ture) to examine all nurseries in the state, at least once each 
year, for the presence of San Jose scale and other dangerous- 
ly injurious insects and diseases. If found to be apparently 
free from sucli dangerous insects and diseases, a certificate 
to that ell'ect sliall Ix' given the owner, upon the payment of 
an inspection fee snllicient to defray the ])er diem of the in- 
spector. Said certiticate shall be void on the thirty-first 



LAWS RELATING TO ORCHARDS AND VINEYARDS. 



day of July following. In case any dangerous insect or in- 
fectious disease is found upon any nursery stock, the inspec- 
tor shall order and enforce such treatment as may be deem- 
ed sufficient to exterminate such insects or diseases before 
granting a certificate. If a subsequent examination shall certificate 
show the stock to be infected, or infested, the certificate may revok^ed. 
be revoked. 

§ 7417. Sec. 7. Whenever a nurseryman or other person Nurserymen 
shall ship or deliver within this state, except for scientific „? cirtmcate^ 
purposes, any trees, shrubs, plants or vines, commonly known on packages, 
as nursery stock, he shall place upon each car, box, bale or 
other package, a copy of a certificate of inspection, the ori- 
ginal of which is signed by said inspector. Failure to do this, when liable 
or the illegal use of said certificate by changing, defacing, or '°p^"^^^'- 
placing it upon uninspected stock, or using the same after 
it has expired, or been revoked, shall render the shipper or 
owner liable to the penalties prescribed for a violation of this 
act. Dealers in nursery stock purchased from other firms how dealers 
may, upon filing with the State Inspector of Orchards and cl^tinc&tefoT 
Nurseries (Commissioner of Agriculture) duplicate copies o^ ch°^sed^"^" 
the certificates of inspection issued upon the stock grown by 
said firms, and on the payment of a fee of one dollar, receive 
a certificate showing that the stock has been inspected. Said 
certificate may be used for the shipment of nursery stock Ihat 
has come to them accompanied by a certificate of inspection, 
but for no other. Nurserymen may ship under their own cer- when nursery- 
tificate of inspection any stock that has come to them later "nX™iidr ^^ 
than the first day of the previous August accompanied by a °^^ certm- 
certificate of iii.s]iection, and, if from anolhor staie, territory, 
province or country, by a certificate of fumigation as requir- 
ed by this act. 

§ 7418. Sec. 8. If any nursery stock of species subject to when stock to 
the attack of the San Jose scale, has been grown within one- ^e fumigated. 
half mile of where the San Jose scale exists, or has been 
known to exist within two years, it shall, before it is shipped 
or delivered, be fumigated with hydrocyanic acid gas of the 
strength commonly used for such purpose, for not less than 
thirty minutes. All trees, plants, shrubs and vines, of species Certificate at- 
subject to the attack of the San Jose scale, shipped into this or^ca^r, what*'"^ 
state from another state, territory, province or country, must ^o^^^*®- 
be fumigated Avith hydrocyanic acid gas in the usual manner, 
and each car, box or bale, in which said nursery stock is 
shipped, shall have upon it a certificate signed by the shipper 
stating that such fumigation has been given in addition to 
the usual certificate of inspection. 

§ 7419. Sec. 9. The owner of any nursery trees, vines. Duty of owner 
shrubs or plants, upon receiving notice from the State In- oFnotice^tLt 
spector of Orchards and Nurseries (Commissioner of Agri- ^^^^|^(|'"*' *"■ 
culture) and that any, or all of them, are infected or infested 
with dangerous insects or diseases, shall, within the time 
specified in such notice, take such steps as will fully comply 



10 



STATE OF MICHIGAN. 



Inspector to 
make com- 
plaint and 
seize stock. 



How seized 
stock dis- 
posed of. 



Stock from 
other states 
to have label 
and certificate 
attached. 



with the orders of the State Inspector of Orchards and Nurs- 
eries (Commissioner of Agriculture) and he shall not ship 
or deliver any such trees, vines, slirubs or plants, until after 
they liave received sucli treatment, and until they shall have 
been re-examined and a certificate of inspection has been 
granted. 

§ 7420. Sec. 10. Whenever it shall happen that the State 
Inspector of Orchards and Nurseries (Commissioner of Agri- 
culture) shall give the notice heretofore required to the owner 
of nursery stock, for the destruction of the insects or dis- 
eases mentioned, and said owner shall fail or neglect to take 
the measures necessary for the destruction thereof, within the 
time mentioned in the notice given him, the State Inspector 
of Orcliards and Nurseries (Commissioner of Agriculture) 
shall enter complaint against said owner and may seize and 
take possession of said infected or infested nursery stock. 
Sucli seizure may be made without a warrant. Said infected 
or infested nursery stock shall be disposed of in such man- 
ner as may be directed by the court before whom the ofifense 
is tried, or by any court of competent jurisdiction. 

§ 7421. Sec. 11. Whenever any trees, shrubs, plants or 
vines, commonly known as nursery stock are shipped into this 
state from another state, territory, province or country, every 
package thereof shall be painly labeled on the outside yrith 
the names of the consignor and consignee, and the character 
of the contents, and certificates shall be attached to each pack- 
age showing that the contents have been inspected by a state 
and government officer, and that they have been fumigated 
in the usual manner Avith hydrocyanic acid gas. If any trees, 
shrubs, vines or ]»lants, commonly known as nursery stock, 
are sliipi)e(l into this state without such certificates being 
plainly fixed on the outside of the package, box or car contain- 
ing the same, the fact must be reported within twenty-four 
hours to the Michigan State Board of Agriculture (Depart- 
ment of Agriculture) or its regularly aiipointed inspector, 
by the railway, express or steamboat company, or the person 
or persons carrying the same; and any agent of a railway, 
express or steamboat company, or any other person or per- 
sons, who shall fail to comply with the provisions of this sec- 
tion, shall be deemed guilty of a misdemeanor. The State 
Inspector of Orcliards ami Nurseries (Commissioner of Agri- 
culture) shall have authority, when he has reason to believe 
tliat nnrseiy stock, that has been shipped into the state, or 
shipped by some nurseiy in the state, is infested or infected 
with dangerous insects and diseases, to examine the same and, 
if found to be infected by any dangerously contagious disease, 
or infested with dangerous insects, such stock may be seized 
without a warrant as a public nuisance. The shippers sliall 
be notified of the seizure, and orders shall be given him to 
either destroy the stock or to give it effectual treatment. If 



Railway com- 
panies, etc., 
to report 
violation. 



Misdemeanor, 
what deemed. 



When In- 
spector may 
seize stock. 



Notice to 
shii)])ers. 

How stock 
disposed of. 



LAWS RELATING TO ORCHARDS AND VINEYARDS. 11 

thi^ is not done within five days, complaint shall be made to 
some court having competent jurisdiction and said infected 
or infested stock shall be disposed of in such manner as may 
be directed by said court. 

S 7422. Sec. 12. It shall be the duty of the State Inspector investigation 

/. ^ 1 , 1 -vT • //-I • " • n 4 • 1 i. \ and notice. 

of Orchards and ^Nurseries (Commissioner of Agriculture), 
whenever it shall come to his knowledge that San Jose scale, 
canker worm, peach yellows, rosette, little peach, black knot, 
or pear blight, or any other noxious insects or dangerously 
infectious diseases exist, or are supposed to exist, in any 
orchard, or upon any trees, shrubs, vines, plants or fruits in 
this state, to investigate the case and if such dangerous in- 
sects are found, he shall notify the owner, or his agent, in 
writing. The notice shall consist of a simple statement of the Order to 
facts as found to exist, with an order to uproot and destroy ^^^^° 
in such manner as may be indicated, all trees infected with 
yellows, little peach, or rosette, or to cut off and burn the 
portions infected with black knot and pear blight, or if at- 
tacked by San Jose scale or canker worm, to effectually spray 
the trees, or to use such remedies as may be prescribed for 
other dangerous insects and diseases within five days, or 
such time from the date of the service of the notice as may 
be designated: Provided also, That no such spraying shall Proviso, 
be done while said fruit trees or vines are in blossom, except 
in case of canker worm. In the case of fruit infected with 
yellows, the notice shall require its immediate destruction. 
Failure to comply with the requirements of said notice shall 
render the owner or agent liable to the penalties prescribed 
for the violation of this act. The State Inspector of Orchards Quarantine 

1 , X • 1 1 authorized. 

and Nurseries (Commissioner of Agriculture) is hereby au- 
thorized and empowered to prohibit by proclamation the im- 
portation into this state of any tree, shrub or plant which 
has been grown or propagated in any state, province or coun- 
try, or in any place where it shall be determined by the said 
state inspector of orchards and nurseries, (Commissioner of 
Agriculture) after due investigation, that there exists and 
is prevalent to a dangerous extent any plant disease or de- 
structive insect which is liable to, or capable of spreading to, 
and infecting the trees, shrubs and plants of this state, and 
which may be carried and transported to and into this state 
on or in trees, shrubs or plants there grown. It shall be the ^ot^e^tj 
duty of said Inspector of Orchards and Nurseries (Commis- companies, 
sioner of Agriculture) upon the making and promulgation 
by him of any such proclamation to forthwith mail a copy 
thereof to each railroad company doing business in this 
state, and to publish a copy thereof in a newspaper published Publication, 
in the city of Detroit, in the city of Grand Rapids, and in 
the city of Lansing, and any person, firm or corporation, or 
common carrier which thereafter knowingly or intentionally 
introduces or transports in this state any tree, shrub or plant 
grown or propagated in the territory described in such pro- 



12 



STATE OF MICHIGAN. 



May destroy clamation shall be guilty of a misdemeanor. In case any 
or return. trees, slu'iibs or plants are brou{>lit into this state contrary 
to the provisions of this act, the KState Inspector of ^"urseries 
and Orchards (Commissioner of Agriculture) is hereby auth- 
orized to destroy the same, unless they can be effectually 
treated, or return the shipment to the consignor. In case 
the injury inflicted by said dangerous plant disease or de- 
structive insect is confined to certain species of trees, shrubs 
and plants the quarantine imposed by said proclamation 
may be limited to the species of trees, shrubs and plants like- 
ly to be infested by such destructive insect, or infected by 
such dangerous plant disease. 



Certain 
species. 



[Am. 1917, Act 187.] 



Duty of town- 
ship, village 
ana city 
officers in 
infected dis- 
tricts. 



To appoint 
inspectors. 



Proviso. 



Inspectors, 
duty of. 



Clerk to keep 
record of pro- 
ceedings. 



When in- 
spectors to ex- 
amine trees. 



Mark placed 
on Infected 
trees. 



§ 742.3. Sec. 13, In any township, village or city in this 
state in which the insects known as the San Jose scale, and 
canker worm, or the diseases known as peach yellows, rosette, 
little peach, black knot and pear blight, or any other destruc- 
tive insects or dangerously infectious diseases exist, or in 
which there is good reason to believe they exist, or danger 
may be apprehended of their introduction, it shall be the duty 
of the township board, or the village, or city council, as soon 
as such information becomes known to such board or council, 
or any member thereof to appoint three competent freehold- 
ers of said township, village or city, to be known as fruit and 
orchard inspectors, who shall hold office during the pleasure 
of said board or conncil: Provided, That ins})ectors already 
appointed and in office under similar and previous acts shall 
continue in said office under this act until the expiration of 
the term for which they were appointed. 

§ 7424. Sec. 14. It shall be the duty of said inspectors, 
within ten days after appointment, as aforesaid, to file their 
acceptance of the same with the clerk of said township, vil- 
lage or city, and said clerk shall be ex-officio clerk of said 
board of fruit and orchard inspectors, and lie shall keep a 
record of the proceedings of said board in a book to be pro- 
vided for the purpose and shall file and preserve all papers 
pertaining to the duties and actions of said inspectors, or 
either of them, which shall be a part of the records of said 
township, village or city. 

§ 7425. Sec. 15. It shall be the duty of the township, 
village or city inspectors, or any one of them, whenever it 
comes to their notice that any of the dangerously injurious 
insects or diseases, mentioned in section thirteen of this act, 
exist, or are supposed to exist, within the limits of their 
township, vilhige, or city, to proceed without delay to examine 
the trees, shrubs, vines, plants or fruits, supposed to be in- 
fested or infected, and, if destructive insects or a dangerously 
infectious disease is found to exist, a distinguishing mark 
shall be i)laced upon the trees, shrubs, vines or plants, and 
a written notice shall be served upon the owner, or his agent. 



LAWS RELATING TO ORCHARDS AND VINEYARDS. 13 

This notice shall be as provided for in section twelve of this 
act. In case the owner refuses to accept the opinion of a How owner 
single inspector, regarding the nature of an insect or dis- S op?nfon 
ease, or the remedy that shall be employed, he may, within °^ inspector. 
two days, appeal to the other inspectors in the township, vil- 
lage or city, by serving a written notice of such appeal upon 
each of them. Upon receipt of such notice of appeal, it shall Duty of in- 
be the duty of each and every inspector, if he has not already apSh^ ^^°°' 
done so, to examine the trees, shrubs, plants or vines, sup- 
posed to be infested or infected, and if all or a majority of 
said inspectors agree that a dangerous insect or disease is 
present, they shall serve notice upon the owner or his agent 
as above. If the decision of the full board of inspectors is wiien owner 
still unsatisfactory to the person in charge, he may, within ^at^e m-^^^^ ^° 
twenty-four hours, make an appeal to the State Inspector of specter. 
Orchards and Nurseries (Commissioner of Agriculture), who 
shall at once investigate the matter and order the proper 
treatment, and his opinion and orders shall be final. If the inspectors 
members of a township, village or city board of fruit and ^^d^vic^Vrom 
tree inspectors are unable to agree, or are in doubt, regard- state in- 

,, , /, . °. ' > & spector. 

ing the nature ot an insect or disease, or the treatment that 
should be given, they may call upon the State Inspector of 
Orchards and Nurseries (Commissioner of Agriculture) for 
information and advice. In cases where an owner appeals to when owner 
the full board of township, village or city inspectors, or to pense^of^" 
the State Inspector (Commissioner of Agriculture), and the ^pp^^i- 
findings of the original inspector are approved, the expense 
incurred as the result of the appeal shall be paid by the owner, 
and, in case of his refusal to do so, the amount shall be certi- 
fied to the township board, or village or city council, which 
shall allow the same and assess it as a special tax upon the 
property. 

§ 7426. Sec. 16. In case the owner, or the person in charge how orders of 
of trees, shrubs, vines, or plants, infested with a destructive made'effe^ct- 
insect, or a dangerously contagious disease, refuses or neg- i^e. 
lects to carry out the orders of the State Inspector (Commis- 
sioner of Agriculture), or of the township, village, and city 
inspectors, within the period stated in the notice served upon 
him, the state, township, village, or city inspectors, respective- 
ly, shall employ such aid as may be necessary to carry out 
their orders and recommendations. In case the owner refuses Expense, 
to reimburse them for the expense incurred, it shall be certi- spldaulix. 
fied to the township board, or village, or city council, who 
shall allow it, and spread it as a special tax upon the property 
concerned. 

§7427. Sec. 17. The State Inspector of orchards and flll^^^^-^^^^ 
nurseries (Commissioner of Agriculture) and his deputies, may enter any 
assistants and employes, shall have authority to enter upon P'"'^'"'«es. 
any premises in the state for the purpose of examining 
the trees, shrubs, plants and vines, for the presence of 
destructive insects and diseases, and, if any such insects 



14 



STATE OF MICHIGAN. 



Authority of 
township, etc., 
inspectors. 

No damaee 
awarded for 
destruction of 
trees. 

Proviso. 



Inspectors, 
salary of. 



or diseases are found, may, under the provisions of this act, 
take such steps as may be necessary to exterminate them. 
Township, village and city inspectors shall have the same au- 
thority within the limits of their respective jurisdiction. 
No damage shall be awarded for the destruction of any tree, 
shrub, ])lant or fruit, or for injury to the same, if done by 
the inspectors and their assistants in accordance "with the 
provisions of this act: Provided, It is deemed necessaiy in 
order to suppress dangerous insects and diseases. 

§ 7428. Sec. 18. The township, village and city fruit and 
tree inspectors shall be allowed for services under this act 
three dollars for each full day and one dollar fifty cents for 
each half day, and their per diem and other charges and dis- 
bursements hereunder shall be audited by the township 
board or village or city council. 

§ 7429. Sec. 19. Persons, firms or corporations engaged 
in growing or selling plants commonly grown in greenhouses 
shall not be required to take out a license: Provided, They 
do not grow or handle nursery stock, and certificates of in- 
spection are not required under this act for the shipment of 
greenhouse plants. 

§ 7430. Sec. 20. Any person or persons, firm or corpora- 
tion, who may fail to comply with any of the provisions of 
this act, shall be deemed guilty of a misdemeanor and shall 
be punished by a fine of not less than ten dollars and not 
exceeding one hundred dollars, or by imprisonment in the 
county jail for not less than ten nor more than ninety days or 
both such fine and imprisonment, in the discretion of the 
court, and jurisdiction of the court, and jursdiction is here- 
by conferred in these cases upon any justice of the peace, or 
other competent court, of the township, village, or city, where 
such trees, shrubs or plants may be, or where such nursery 
stock or fruit is grown, sold, shii)ped, disposed of, or deliver- 
ed, contrary to the provisions of this act. In all cases where 
a complaint is made under the provisions of any section of 
this act, by any State, township, village or city inspector, said 
complainant shall not be required to furnish security for costs. 
In construing and enforcing the i)rovisions of this act, the act, 
omission or failure of any official, agent or other person act- 
ing for or employed by an association, partnership or oov- 
poration within the scope of his em})loyment or office shall, in 
every case, also be deemed the act, omission or failure of such 
association, jtai-tnership or corporation, as well as that of the 
person. 



Who not re- 
quired to take 
license. 

Proviso. 



Penalty. 



[Am. 1917, Act 187.] 
[Section 21 inoperative.] 



LAWS RELATING TO ORCHARDS AND VINEYARDS. 15 



INSECTICIDES. 

(Act 254, P. A. 1913.) 

For preventing the manufacture, sale or transportation of 
adulterated or misbranded Paris greens, lead arsenates, 
and other insecticides, and also fungicides, and for regu- 
lating traffic therein. 

Section 1. The People of the State of Michif/an enact: Afiuiteration 
It shall be unlawful for any person to manufacture, sell, of- 
fer or expose for sale within the State of Michigan any insec- 
ticide, Paris green, lead arsenate, or fungicide wdiich is adul- 
terated or misbranded within the meaning of this act; and 
any person who shall violate any of the provisions of this act 
shall be guilty of a misdemeanor and upon conviction there- Penalty. 
of shall be fined not to exceed two hundred dollars for the 
first offense, and upon conviction for each subsequent offense 
shall be fined not to exceed three hundred dollars, or sentenc- 
ed to imprisonment in the county jail for a priod not exceed- 
ing ninety days, or both in the discretion of the court. 

Sec. 2. The State Board of Agriculture (Commissioner uniform 
of Agriculture) shall make uniform rules and regulations ^" ^^' ^ *^' 
for carrying out the provisions of this act, including the col- 
lection and examinations of specimens of insecticides, Paris 
green, lead arsenates, and fungicides manufactured or offer- 
ed for sale in the State of Michigan. 

Sec. 3. The examination of specimens of insecticides. Examination 
Paris greens, lead arsenates and fungicides shall be made at ° specmiens. 
the Agricultural College (Department of Agriculture) by 
such existing departments as may be directed by the State 
Board of Agriculture (Commissioner of Agriculture) for 
the purpose of determining from such examination whether 
such articles are adulterated or misbranded within the 
meaning of this act; and if it shall appear from any such 
examination tliat any of such specimens are adulterated or 
misbranded within the meaning of this act, the State Board 
of Agriculture (Commissioner of Agriculture) shall cause 
notice thereof to be given to the party from whom such 
sample was obtained. Any party so notified shall be given Hearing. 
an opportunity to be heard, under such rules and regulations 
as may be jDrescribed as aforesaid, and if it appears that 
any of the provisions of this act have been violated by such 
party, then the State Board of Agriculture (Commissioner of 
Agriculture) shall at once certify the facts to the attorney- 
general, or prosecuting officer of the county in which the of- 
fense is committed, with a copy of the results of the analysis 
or the examination of sucli article duly authenticated by the 
analyst or officer making such examination under the oath 
of such officer. After judgment of the court, notice shall be 
given by publication in such manner as may be prescribed 
by the rules and regulations aforesaid. 



16 



STATE OF MICHIGAN 



Prosecutions. 



Terms 
defined. 



Adulterated 
paris green 
defined. 



Proviso, 
water. 



Insecticides, 
other than 
Paris green. 



Sec. 4. It shall be the duty of the attorney general or 
other pro.secuting officer to whom the State Board of Agricul- 
ture (Coninii.ssioner of Agriculture) shall report any viola- 
tion of this act, to cause appropriate proceedings to be com- 
menced and prosecuted in the proper courts of the State of 
Michigan without delay, for the enforcement of the penalties 
as in such case herein provided. 

Sec. 5. The term "insecticide" as used in this act shall in- 
clude any substance or mixture of substances intended to be 
used for preventing, destroying, repelling or mitigating any 
insects which may infest vegetation, man or animals, or 
households, or be present in any environment whatsoever. 
The "term "Paris green" as used in this act shall include the 
product sold in commerce as Paris green and chemically 
known as the aceto-arsenite' of copper. The term "lead arsen- 
ate" as used in this act shall include the product or products 
sold in commerce as lead arsenate and consisting chemically 
of products derived from arsenic acid (H3ASO4) by replacing 
one or more hydrogen atoms by lead. The term "fungicide" 
as used in this act shall include any substance or mixture of 
substances intended to be used for preventing, destroying, 
repelling, or mitigating any and all fungi that may infest 
vegetation or be present in any environment whatsoever. 

Sec. G. For the purpose of this act an article shall be 
deemed to be adulterated, in case of Paris green : 

First, If it does not contain at least fifty percentum of 
arsenious oxide; 

Second, If it contains arsenic in water-soluble forms equiv- 
alent to more than three and one-half percentum of arsenious 
oxide ; 

Third, If any substance has been mixed and packed with it 
so to reduce or lower or injuriously affect its quality or 
strength. 

In the case of lead arsenate: 

First, If it contains more than fifty percentum of water; 

Second, If it contains total arsenic equivalent to less than 
twelve and one-half percentum arsenic oxide (As, O5) ; 

Third, If it contains arsenic in water-soluble forms equiva- 
lent to more than seventy-five one hundredths percentum of 
arsenic oxide (As, O5) ; 

Fourth, If any substances have been mixed and packed 
with it so as to reduuce, lower, or injuriously affect its (jual- 
ity or strength : Provided, hoicevcr, That extra water may 
be added to lead ar.senate (as described in this paragraph) 
if the resulting mixture is labeled lead arsenate and water, 
the percentage of extra water being plainly and correctly 
stated on the label. 

In the case of insecticides or fungicides, other than Paris 
green and lead arsenate: 

First, If its strength or purity falls below the professed 
standard or quality under which it is sold; 



LAWS RELATING TO ORCHARDS AND VINEYARDS. 17 

Second, If any substance has been substituted wholly or in 
part for the article; 

Third, If any valuable constituent of the article has been 
wholly or in part abstracted ; 

Fourth, If it is intended for use on vegetation and shall 
contain anj^ substance or substances which, although prevent- 
ing, destroying, repelling, or mitigating insects, shall be in- 
jurious to such vegetation when used as recommended by the 
manufacturer. 

Sec. 7. The term *'misbranded" as used herein shall apply False branding 
to all insecticides, Paris green, lead arsenates, or fungicides ^^fi°®^- 
or articles which enter into the composition of insecticides or 
fungicides, the package or label of which shall bear any state- 
ment, design, or device regarding such article or the ingred- 
ients or substances contained therein which shall be false or 
misleading in any particular, and to all insecticides, Paris 
green, lead arsenates, or fungicides which are falsely branded 
as to the state, territorj', or country in which they are manu- 
factured. For the purpose of this act an article shall be 
deemed to be misbranded, in the case of insecticides, 

Paris greens, lead arsenates and fungicides: 

First, If it be an imitation or offered for sale under the 
name of another article ; 

Second, If it is labeled or branded so as to deceive or mis- 
lead the purchaser, or if the contents of the packages as 
originally put up shall be removed in whole or in part and 
other contents shall have been placed in such packages ; 

Third, If in package form, and the contents are stated in 
terms of weight and measure, they are not plainly and cor- 
rectly stated on the outside of the package; in this connec- 
tion it is held to be permissible to state the average net 
weight of the package. 

In the case of insecticides (other than Paris green and lead 
arsenates) and fungicides: 

First, If it contains arsenic in any of its combinations or in 
the elemental form and the total amount of arsenic present 
(expressed as per centum or metallic arsenic) is not stated 
on the label; 

Second, If it contains arsenic in any of its combinations 
or in the elemental form and the amount of arsenic in water- 
soluble forms (expressed as percentum or metallic arsenic) 
is not stated on the label ; 

Third, If it does not state plainly upon the label the cor- 
rect names and percentage amounts of each and every in- 
gredient of the insecticide or fungicide having iusecticidal or 
fungicidal properties and the total percentage of inert in- 
gredients present. 

Sec. 8. No dealer shall be prosecuted under the provisions Guaranty, 
of this act when he can establish a guaranty signed by the 
wholesaler, jobber, manufacturer, or other party residing in 
the State of Michigan from whom he purchased such articles, 
to the effect that the same is not adulterated or misbranded 



18 



STATE OF MICHIGAN. 



"Person" 
defined. 



within the nieauing of this act, desijjnating it. Sai<l guar- 
anty, to afford protection, shall contain the name and ad- 
dress of the i)arty or parties making the sale of such articles 
to such dealer, and in such case, said party or i)arties shall 
be amendable to the prosecutions, lines, and other penalties 
which would attach in due course to the dealer under this 
act. 

Sec. 9. The word ''person" as used in this act, shall be 
construed to import both the i)lural and the singular, as the 
case demands, and shall include corporations, companies, so- 
cieties, and associations. When construing and enforcing 
the provisions of this act, the act, omission, or failure of any 
officer, agent or other person acting for or employed by any 
corporation, company, society or association, within the 
scope of his employment or' office shall in every case be also 
deemed to be the act, omission, or failure of such corporation, 
company, society, or association as well as that of the other 
person. 

Sec. 10. The necessary expense incurred in carrying out 
the provisions of this act, shall be paid by warrant of the 
auditor general drawn upon the state treasurer. Such ex- 
penses shall be certified to the auditor general by the State 
Board of Agriculture (Commissioner of Agriculture) but 
the total amount to be paid in any one fiscal year shall not 
exceed five hundred dollars. 

Sec. 11. Act number ninety-one and act number one hun- 
dred sixty-three of the Public Acts of nineteen hundred nine, 
and all acts or parts of acts in conflict with the provisions of 
this act, are hereby repealed. 



Expense, 
how paid. 



Act repealed. 



AN ACT to prevent trespass upon cranberry marshes. 
(Act 38, S. L. 18G9.) 



Penalties for 
trespass. 



Further 
penalties. 



§ 15109. Section 1. The People of the State of MicJiif/an 
enact, That if any person shall enter the premises of any 
other person, and take and carry away cranberries or cran- 
berry vines there growing, shall trample or otherwise injure 
or destroy the cranberry vines growing thereon, without the 
permission of the owner or occui)ant of said premises, such 
I»erson shall be deemed guilty of a misdemeanor, and on con- 
viction thereof, shall be punished by imprisonment in the 
county jail not less than five days, or by fine not less than 
five dollars, and costs of prosecution, or both such fine and 
imprisonment, in the discretion of the court; and if any of 
the olfenscs mentioned in this section shall be committed on 
Ihe first <lay of the week, or in disguise, or secretly in the 
night-time. l>et\veen sun-setting and sun-rising, on conviction 
thereof tiie pnnislunent sliall not bo less than twentv dollars 



LAWS RELATING TO ORCHARDS AND VINEYARDS. 19 

fine, or imprisonment in the county jail not less than ten 
days, or both, at discretion of the court. 

§15410. Sec. 2. Any person who shall commit any of the Treble 
acts of trespass in section one of this act, shall be liable in '^^™^s®^- 
treble damages, in an action of trespass to be brought in the 
name of the owner or occupant of the land upon which said 
trespass may have been committed. 



AN ACT to prevent trespass upon huckleberry and black- 
berry marshes and to provide a penalty therefor, and to 
provide for the collection of damages growing out of such 
trespass. 

(Act 2G1, P. A. 1909.) 

§ 15412. Section 1 The People of the ^taie of Michigan Trespassing, 
enact, If any person shall enter the enclosed premises of ^^'^^ deemed, 
another person and take and carry away from any huckle- 
berry marsh or lauds growing blackberries, huckleberries or 
blackberries there growing, or shall trample, break down or 
otherwise destroy the huckleberry or blackberry bushes grow- 
ing thereon, without the permission of the owner or occupant 
of such premises : Provided, That such owner or occupant Proviso, 
shall have previously posted a conspicuous notice in at least "°^^^^- 
three different places upon the premises forbidding any tres- 
pass thereon, such person shall be deemed guilty of a mis- 
demeanor, and on conviction thereof, shall be punished by Penalty. 
imprisonment in the county jail not less than five days nor 
more than fifteen days, or by a fine of not less than five dol- 
lars nor more than twenty-five dollars and the costs of prose- 
cution, or both such fine and imprisonment in the discretion 
of the court. 

§15412a. Sec. 2. Any person who shall commit any of when liable 
the acts of trespass mentioned in section one of this act, shall damages. 
be liable in treble damages in an action of trespass to be 
brought in the name of the owner or occupant of the land 
upon which said trespass may have been committed. 



AN ACT to protect vineyards, orchards and gardens, and to 
repeal act number one hundred thirty-one, public acts of 
eighteen hundred sixty-nine, entitled ''An act to protect 
vineyards in the state of Michigan," being section nine 
thousand one hundred and ninety-five of Howell's Anno- 
tated Statutes. 

(Act 79, P. A. 1895.) 

§ 15413. Section 1. The People of the State of Michigan Penalty for 
enact, That any person who shall enter a vineyard, orchard v'STni, 
or garden, without the consent of the owner, and pick, take, ""^^^^^^ ""^ 



20 STATE OF MICHIGAN. 



carry away, destroy or injure any of the fruits, vegetables 
or crops therein, or in anywise injure or destroy any bush, 
tree, vine or plant, shall be guilty of a misdemeanor, and 
on conviction thereof shall be punished by imprisonment in 
the counly jail not more than tliree months, or by line not 
less than one nor more than one hundred dollars, or by both 
such fine and imprisonment, in the discretion of the court. 



[Sec. 2 repeals Act 131 of 1869.] 



AN ACT to prevent the wilful and malicious destruction of 
fruit, shade or ornamental trees. 

(Act 52, S. L. 1853.) 

Wilful and § 15415. Scctiou 1. Tlic Pcoplc of the state of Micliigwn 

jury'^to'frili"' eiiact, That every person who shall wilfully and maliciously, 
or shade trees, or wantonly and without cause, cut down or destroy or other- 
wise injure any fruit tree or trees, or any other tree or trees, 
not his own, standing or growing for shade or ornament on 
the land of another, the damage for which said cutting down, 
destruction or injur}- to the owner or owners of said tree or 
trees shall amount to the sum of twenty-five dollars, shall be 
punished by imprisonment in the state prison not exceeding 
five years, or by imprisonment in the county jail not exceed- 
ing one year, or by fine not exceeding five hundred dollars, in 
the discretion of the court. 



AN ACT to prevent the wrongful taking, detaching from the 
ground, or injuring any fruit tree, shade tree, ornamental 
shrub, plant, vine or vegetable. 

(Act 171, S. L. 1855.) 

w^rongfui § 15110. Section 1. The People of the State of Michigan 

tTees%tc.,ho\l cnact, That any person Avho shall wrongfully take and tarry 
punished.' away from any place, any fruit tree, ornamental tree, f^hade 
tree, ornamental shrub, or any plant, vine, bush, or vegetable 
there growing, standing, or being, with intent to deprive the 
owner thereof, or wlio filial] without right and witli wrongful 
intent, detach from the gi-ound, or injure any fruit tree, orna- 
mental tree, shade tree, oniameiital shrub, or any plant, vine, 
busli, or vegetable, sliall be guilty of a misdemeanor, and on 
conviction thereof be punished by inijuisoiiment in the 



LAWS RELATING TO ORCHARDS AND VINEYARDS. 21 

county jail not more than six months, or by fine not exceed- 
ing two hundred and fifty dollars, or by both such fine and 
imprisonment, in the discretion of the court : Provided, That Proviso, 
when the damage to the owner does not exceed the sum of 
twenty-five dollars, the punishment shall be a fine not exceed- 
ing one hundred dollars, or imprisonment in the said jail not 
exceeding three months, or by both such fine and imprison- 
ment, in the discretion of the court. 



AN ACT to protect the growers and owners of certain medic- 
inal plants and herbs, and to provide a penalty for the viola- 
tion of the privisions thereof, (a) 

(Act 74, P. A. 1905.) 

§ 15411. Section 1. The People of the State of Mich- Felony, who 
igan enact: Any person, who shall without the permis- ^^ ^^° ' 
sion of the owner enter the field, yard, building, garden 
or other enclosure of another, and wilfully break down, 
dig, destroy, take or carry away any ginseng or ginseng seed, 
golden seal plants, golden seal roots, golden seal seeds or any 
other medicinal plants, seeds or roots, there stored, growing, 
drying or being, shall be guilty of a felony, and upon convic- Penalty. 
tion thereof shall be punished by imprisonment not exceeding 
six months, or by fine not exceeding five hundred dollars. 

(Am. 1917, Act 360.) 



LIBRftRY OF CONGRESS 



003 075 658 7 




